Leave on request gives the individual up to 4 days off a year, but is part of a pool of 20 or 26 days of remainder leave. The request must be made at the latest on the day of commencement of the leave, safely before the working hour. The employer may refuse only exceptionally erstwhile the peculiar crucial interest of the establishment requires the presence of the employee.
How many days of leave on request are entitled to an employee
The Work Code allows you to usage up to 4 days in each calendar year. These are not additional days beyond average leave. A individual with a limit of 20 days after utilizing 4 days on request shall have 16 days at his disposal and a individual with a limit of 26 days shall hold 22 days.
Four days are available regardless of the time frame and working time system. An worker may usage them either individually or together. The limit is common to subsequent employers in the same year. erstwhile individual utilized 2 days with his first employer, he had 2 more.
How to study leave on request
In accordance with Article 167(2) The labour code must be requested at the latest on the date of commencement of the leave. The case law of the ultimate Court indicates that this should happen before the hr the worker was to start working, unless the rules of procedure or the accepted undertaking practice licence a subsequent application.
The form is not imposed by the Labour Code. You can call, send a message, e-mail, or usage a staff strategy if this is consistent with the rules adopted by your employer. For evidence purposes, it is best to choice the form which can be demonstrated later and to hold the confirmation of service.
The worker doesn't gotta give a reason. He shall indicate that he requests leave under Article 167(2), and indicate the day or days to which he applies.
Do you gotta wait for your employer's consent
Holiday is granted by the employer. Just sending a message does not always mean that an worker can safely consider the case closed. State Labour Inspection discusses the case law on consent and indicates that the individual should not voluntarily start his leave against explicit refusal.
In practice, the organisation of the plant is important. If the supervisor confirms the application in the system, you gotta wait for acceptance. If the established procedure involves the effective notification of the individual concerned, it shall be carried out precisely and proof retained. Failure to answer with vague rules is risky.
When an employer may refuse
The work to grant leave on request is not absolute. The ultimate Court, in its judgement of 28 October 2009, No. II PK 123/09, considered that an employer may refuse on account of peculiar circumstances erstwhile an exceptional interest requiring protection requires the presence of an employee. PIP explains this anticipation of refusal.
It is not adequate to have a simple organizational discomfort or a supervisor's aversion. The refusal may be justified by exceptional events, a real threat to safety, the request to prevent serious harm or a situation in which the absence of a peculiar individual would paralyze the essential process. Each case is judged separately.
Example: The operator is liable for the safe stopping of the installation after an emergency and at the minute there is no individual with the required permissions. The employer may have grounds for refusal. A simple deficiency of full cast, known for many days, should not automatically suffice.
What's the danger of being left alone?
If the employer explicitly refused and the worker did not show up for work, absence may be considered unjustifiable. Depending on the circumstances, there is simply a punishment of order, failure of pay for absence time, and even termination of the contract without announcement by the employee.
Therefore, the dispute over refusal should be documented and explained in the State Labour Inspectorate or before the labour court, alternatively of being settled on a voluntary basis staying at home. The employee's right is strong, but must be exercised according to procedure.
How to number your day off on demand
Leave shall be granted for the full working day planned. The number of hours to be worked by the individual is reported from the vacation pool. With an eight-hour shift, it'll be 8 hours and 12 hours. The request mode limit is inactive 4 days, including part-time.
Example: Part-time individual works 4 hours a week for 5 days a week. 1 day on demand, lower the jackpot by 4 hours. An worker on an equivalent strategy with a 12-hour change planned will usage 12 hours of the pot in 1 day.
Do unused days go to another year
Unused leave of absence passes to the following year as late leave, but loses the peculiar nature of the ‘on demand’ from the erstwhile year. In the fresh year, the worker is again able to usage up to 4 days from the current pool under Article 167(2).
Example: the worker in 2026 did not usage any day on request and he had 4 days of remainder leave. In 2027 he has 4 days of late leave and a fresh chance to request up to 4 days of leave due for 2027. However, it cannot request 8 days on the basis of this provision.
On-demand leave and another emergency exemptions
| Entitlement | Dimensions | Remuneration | Base | | ——:|—:|—| | vacation on request | up to 4 days | 100 percent wage | part of average leave | | dismissal due to force majeure | 2 days or 16 hours | 50 percent wage | urgent household business caused by illness or accident | | dismissal for care of children up to 14 years | 2 days or 16 hours | with payment | Article 188 of the Labour Code | | parental leave | 5 days | individual care or support for serious medical reasons |
These rights should not be mixed. The conditions, payment and settlement vary. Leave on request does not require disclosure of the cause, but uses a simple remainder pool.
Safest procedure
The staff associate should submit a request before the start of the change, usage the channel provided for in the Regulation, hold confirmation and check the response. The employer should respond rapidly and the possible refusal should be based on a specific, exceptional request of the plant.
Economic freedom does not mean the freedom of a superior and the right to remainder does not mean disregarding work for working together. The transparent procedure protects the worker and the company.
Sources: Labour Code, Uniform text Dz.U. 2026 item 1245, Articles 152, 154(2), 167(2)-167(3); ultimate Court judgments I PK 128/06, II PK 123/09 and I PSKP 59/21; State Labour Inspection. Legal status: 10 November 2026.
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